2014 Fiscal Year Final Research Report
Use of evidence obtained abroad in criminal court
| Project/Area Number |
25780053
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| Research Category |
Grant-in-Aid for Young Scientists (B)
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| Allocation Type | Multi-year Fund |
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| Research Field |
Criminal law
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| Research Institution | Kansai University |
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Principal Investigator |
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| Project Period (FY) |
2013-04-01 – 2015-03-31
|
| Keywords | 証拠排除 / 証拠の許容性 / 国際共助 / 司法共助 / 捜査共助 / 公正な裁判 / 刑事訴訟法 / 刑事手続 |
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| Outline of Final Research Achievements |
When evidence has been obtained from abroad for using in domestic criminal procedure and would be considered as 'irregular' or even 'unlawful' under domestic law, as to the admissibility of that evidence, a broadly inclusionary approach has been seen. The use of that has resulted in 'prejudice of fairness' of criminal procedure, rather than a weaker protection of substantive right for the defendant in such circumstances. The rationale for exclusion of such a evidence should based on content of 'fair trial'
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| Free Research Field |
刑事法学
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